theRedneck
New member
A moment of judicial sanity?
"The suit was brought by more than 100 environmental groups asking the EPA to ban the sale of lead shot and bullets pursuant to its authority under the Toxic Substances Control Act"
Opinion for the Court filed by Circuit Judge TATEL
tldr;
"We agree with EPA that it lacks statutory authority to regulate the type of spent bullets and shot identified in the environmental groups’ petition. TSCA section 3(2)(B)(v) unambiguously exempts “article the sale of which [are] subject to the tax imposed by section 4181 of the Internal Revenue Code” from the definition of “chemical substance.” Section 4181 is equally unambiguous: it taxes “shells and cartridges.” TSCA section 3(2)(B)(v) thus exempts “shells and cartridges” from the definition of “chemical substance.” Given that bullets and shot can become “spent” only if they
are first contained in a cartridge or shell and then fired from a weapon, petitioners have identified no way in which EPA could regulate spent bullets and shot without also regulating cartridges and shells—precisely what section 3(2)(B)(v) prohibits"
They will be back. Keep in mind ninety-five percent of domestically manufactured ammunition is made with lead bullets or shot. It would be quite a win for these groups to ban 95% of all ammo.
"The suit was brought by more than 100 environmental groups asking the EPA to ban the sale of lead shot and bullets pursuant to its authority under the Toxic Substances Control Act"
Opinion for the Court filed by Circuit Judge TATEL
tldr;
"We agree with EPA that it lacks statutory authority to regulate the type of spent bullets and shot identified in the environmental groups’ petition. TSCA section 3(2)(B)(v) unambiguously exempts “article
are first contained in a cartridge or shell and then fired from a weapon, petitioners have identified no way in which EPA could regulate spent bullets and shot without also regulating cartridges and shells—precisely what section 3(2)(B)(v) prohibits"
They will be back. Keep in mind ninety-five percent of domestically manufactured ammunition is made with lead bullets or shot. It would be quite a win for these groups to ban 95% of all ammo.
